Private Discrimination Actions Filed in Federal Court: Nonsubstantive Matters Affecting Liability and Relief

Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief

The Effects of CCA Preservative Treatment and Redrying on the Bending Properties of 2 X 6 Southern Pine Lumber

Southern pine dimension lumber (commercially graded No. 2 loblolly pine 2 x 6s) was treated with chromated copper arsenate (CCA) preservative (0.4 or 0.6 pcf) and then air-dried or kiln-dried (160, 190, or 240 F). CCA treatment significantly reduced average bending strength, but no discernible differences were found between controls and CCA-treated groups in the extreme lower portions (< 10th percentile) of the bending-strength distributions. When these same specimens were then considered solely on the basis of strength-reducing characteristics, there were obvious differences in how the CCA treatments and subsequent redrying affected these various strength-ratio grades of 2 x 6 lumber; higher grades appeared to be less affected than lower grades. Similar to the trend shown when commercially graded, the middle and upper portion of each strength-ratio grade bending-strength distribution than did drying at 240 F affected a broader range of the bending-srength distribution than did drying at 160 F. The broadened range of significant effects noted after high-temperature redrying indicates that posttreatment kiln-drying temperatures higher than 190 F should be avoided.The effects of CCA treatment and redrying were highly interactive with strength-ratio grade and the presence or absence of pith. CCA treatment reduced the strength of lumber containing pith and having a strength ratio of 0.65 and containing pith was not affected by CCA treatment. The magnitude of this pith-related interaction demands recognition

EROs found behind lensing clusters: II.Empirical properties, classification, and SED modelling based on multi-wavelength observations

We study the properties and nature of extremely red galaxies (ERO, R-K>5.6) found behind two lensing clusters and compare them with other known galaxy populations. New HST/ACS observations, Spitzer IRAC and MIPS, and Chandra/ACIS observations of the two lensing clusters Abell 1835 and AC114 contemplate our earlier optical and near-IR observations and have been used to study extremely red objects (EROs) in these deep fields. We have found 6 and 9 EROs in Abell 1835 and AC114. Several (7) of these objects are undetected up to the I and/or z band, and are hence ``optical'' drop-out sources. The photometric redshifts of most of our sources (80%) are z~0.7-1.5. According to simple colour-colour diagrams the majority of our objects would be classified as hosting old stellar populations. However, there are clear signs of dusty starbursts for several among them. These objects correspond to the most extreme ones in R-K colour. We estimate a surface density of (0.97+-0.31) arcmin-2 for EROs with (R-K>5.6) at K<20.5. Among our 15 EROs 6 (40 %) also classify as distant red galaxies (DRGs). 11 of 13 EROs with available IRAC photometry also fulfil the selection criteria for IRAC selected EROs (IEROs) of Yan et al. (2004). SED modelling shows that ~ 36 % of the IEROs in our sample are luminous or ultra-luminous infrared galaxies ((U)LIRG). Some very red DRGs are found to be very dusty starbursts, even (U)LIRGs, as also supported by their mid-IR photometry. No indication for AGNs is found, although faint activity cannot be excluded for all objects. From mid-IR and X-ray data 5 objects are clearly classified as starbursts. The derived properties are quite similar to those of DRGs and IEROs, except for 5 extreme objects in terms of colours, for which a very high extinction (Av>3) is found.Comment: 20 pages, 10 figures, accepted for publication in A&

Human immunodeficiency virus infection of the human thymus and disruption of the thymic microenvironment in the SCID-hu mouse.

Infection with the human immunodeficiency virus (HIV) results in immunosuppression and depletion of circulating CD4+ T cells. Since the thymus is the primary organ in which T cells mature it is of interest to examine the effects of HIV infection in this tissue. HIV infection has been demonstrated in the thymuses of infected individuals and thymocytes have been previously demonstrated to be susceptible to HIV infection both in vivo, using the SCID-hu mouse, and in vitro. The present study sought to determine which subsets of thymocytes were infected in the SCID-hu mouse model and to evaluate HIV-related alterations in the thymic microenvironment. Using two different primary HIV isolates, infection was found in CD4+/CD8+ double positive thymocytes as well as in both the CD4+ and CD8+ single positive subsets of thymocytes. The kinetics of infection and resulting viral burden differed among the three thymocyte subsets and depended on which HIV isolate was used for infection. Thymic epithelial (TE) cells were also shown to endocytose virus and to often contain copious amounts of viral RNA in the cytoplasm by in situ hybridization, although productive infection of these cells could not be definitively shown. Furthermore, degenerating TE cells were observed even without detection of HIV in the degenerating cells. Two striking morphologic patterns of infection were seen, involving either predominantly thymocyte infection and depletion, or TE cell involvement with detectable cytoplasmic viral RNA and/or TE cell toxicity. Thus, a variety of cells in the human thymus is susceptible to HIV infection, and infection with HIV results in a marked disruption of the thymic microenvironment leading to depletion of thymocytes and degeneration of TE cells

A public at risk: Personal fitness trainers without a standard of care

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. The court examined the facts and law as presented including the trainer’s conduct, expert testimony, as well as a doctrine known as “primary assumption of risk.” In the end, the court held that under this doctrine, the trainer owed no duty to protect a client from the risks inherent with exercise or to avoid challenging him beyond his current capacity during an initial training session. Simply put, the client assumed the risks associated with exercise, including a risk as serious as a heart attack [1, 2]

Feeding AGN: new results from the NUGA survey

The NUGA project is a high-resolution (0.5''-1'') CO survey of low luminosity AGN including the full sequence of activity types (Seyferts, LINERs and transition objects). NUGA aims to systematically study the different mechanisms for gas fueling of AGNs in the Local Universe. In this paper we discuss the latest results of this recently completed survey, which now includes newly acquired subarcsec resolution observations for all targets of the sample. The large variety of circumnuclear disk morphologies found in NUGA galaxies (m=1, m=2 and stochastic instabilities) is a challenging result that urges the refinement of current dynamical models. In this paper we report on new results obtained in 4 study cases for NUGA: NGC4826, NGC7217, NGC4579 and NGC6951Comment: 4 pages, 2 figures. Contributed talk to appear in "The Interplay among Black Holes, Stars and ISM in Galactic Nuclei," Proc. IAU 222 (Gramado, Brazil), eds. Th. Storchi Bergmann, L.C. Ho, H.R. Schmit

Molecular gas in NUclei of GAlaxies (NUGA) XV. Molecular gas kinematics in the inner 3kpc of NGC6951

Within the NUclei of GAlaxies project we have obtained IRAM PdBI and 30m 12CO(1-0) and 12CO(2-1) observations of the spiral galaxy NGC 6951. Previous work shows that there is indirect evidence of gas inflow from 3 kpc down to small radii: a large-scale stellar bar, a prominent starburst ring (r~580 pc) and a LINER/Seyfert 2 nucleus. In this paper we study the gas kinematics as traced by the CO line emission in detail. We quantify the influence of the large-scale stellar bar by constructing an analytical model of the evolution of gas particles in a barred potential. From this model gravitational torques and mass accumulation rates are computed. We compare our model-based gravitational torque results with previous observationally-based ones. The model also shows that the large-scale stellar bar is indeed the dominant force for driving the gas inward, to the starburst ring. Inside the ring itself a nuclear stellar oval might play an important role. Detailed analysis of the CO gas kinematics there shows that emission arises from two co-spatial, but kinematically distinct components at several locations. The main emission component can always be related to the overall bar-driven gas kinematics. The second component exhibits velocities that are larger than expected for gas on stable orbits, has a molecular gas mass of 1.8x10^6Msun, is very likely connected to the nuclear stellar oval, and is consistent with inflowing motion towards the very center. This may form the last link in the chain of gas inflow towards the active galactic nucleus in NGC 6951.Comment: 17 pages, accepted by A&A (17 feb 2011

ALMA reveals the feeding of the Seyfert 1 nucleus in NGC 1566

We report ALMA observations of CO(3-2) emission in the Seyfert 1 galaxy NGC 1566, at a spatial resolution of 25 pc. Our aim is to investigate the morphology and dynamics of the gas inside the central kpc, and to probe nuclear fueling and feedback phenomena. NGC 1566 has a nuclear bar of 1.7 kpc radius and a conspicuous grand design spiral starting from this radius. The ALMA field of view, of diameter 0.9 kpc, lies well inside the nuclear bar and reveals a molecular trailing spiral structure from 50 to 300~pc in size, which is contributing to fuel the nucleus, according to its negative gravity torques. The spiral starts with a large pitch angle from the center and then winds up in a pseudo-ring at the inner Lindblad resonance (ILR) of the nuclear bar. This is the first time that a trailing spiral structure is clearly seen driving the gas inwards inside the ILR ring of the nuclear bar. This phenomenon shows that the massive central black hole has a significant dynamical influence on the gas, triggering its fueling. The gaseous spiral is well correlated with the dusty spiral seen through extinction in HST images, and also with a spiral feature emitting 0.87mm continuum. This continuum emission must come essentially from cold dust heated by the interstellar radiation field. The HCN(4-3) and HCO+(4-3) lines were simultaneously mapped and detected in the nuclear spiral. The HCO+(4-3) line is 3 times stronger than the HCN(4-3), as expected when star formation excitation dominates over active galactic nucleus (AGN) heating. The CO(3-2)/HCO+(4-3) integrated intensity ratio is \sim 100. The molecular gas is in remarkably regular rotation, with only slight non-circular motions at the periphery of the nuclear spiral arms. These perturbations are quite small, and no outflow nor AGN feedback is detected.Comment: 11 pages, 16 figures, accepted in Astronomy and Astrophysic